Frank v. Guarantee Trust & Safe Deposit Co.
Supreme Court of Pennsylvania
Appeal, No. 386, Jan. T., 1906, by defendant, from decree of C. P. No. 2, Phila. Co., Dec. T., 1904, No. 2,711, on bill in equity in case of Philip Frank, Jr., v. Guarantee Trust and Safe Deposit Conv pany, Trustee under will of Mary C. Penrose, deceased. Bill in equity to declare ground rents extinguished. Sulzberger, P. J., filed the following opinion : Findings of Fact.
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Appeal, No. 386, Jan. T., 1906, by defendant, from decree of C. P. No. 2, Phila. Co., Dec. T., 1904, No. 2,711, on bill in equity in case of Philip Frank, Jr., v. Guarantee Trust and Safe Deposit Conv pany, Trustee under will of Mary C. Penrose, deceased. Bill in equity to declare ground rents extinguished. Sulzberger, P. J., filed the following opinion : Findings of Fact. The court finds the following facts: 1. Lewis Stover, being the owner thereof, conveyed premises Nos. 2210 and 2212 Fitz'water street, Philadelphia, to Thomas Fellony in fee by two separate deeds dated July 11, 1874, and…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
In the adjudication, the learned trial judge has found and stated at length the facts of the case and given sufficient reasons to sustain the decree which was entered by the court below. As said by him, the only question for determination is whether the mortgagee took subject to the ground rents or free and clear of them. We think that the rents were merged in the fee when Frank acquired his mortgage from Stover in *521880. The defendant denies the merger because, as it alleges, (a) there was an intermediate estate between the title to the land and the rents in…
2Cases cited4 opinions
- Kreamer v. FlemingSupreme Court of Pennsylvania · 1901
- Logan v. Eva, Pennsylvania Court of Common Pleas, York County1891
- Kreamer v. FlemingSupreme Court of Pennsylvania · 1899
- Brown v. SimpsonSupreme Court of Pennsylvania · 1834
3Cited by4 opinions
- Landis v. RobackerSupreme Court of Pennsylvania · 1933
- John T. Shoener, Piff. In Err. v. Commonwealth of PennsylvaniaSupreme Court of the United States · 1907
- Metropolitan Bond Co. v. Atlas Paste Co., Pennsylvania Court of Common Pleas, Alleghany County1963
- Land Title Bank & Trust Co. v. Winkelman, Pennsylvania Court of Common Pleas, Philadelphia County1937